there, along with maria molina for a big parade. brian will give a speech and sign copies of his book. we're going to go back out to larry the cable guy in fort bragg, he's going to interview some of the troops coming up next on the after the show show. >> protesters swarming buses filled with immigrants from texas to california. [screaming] >> boy, that is something. just a fraction of the thousands streaming across the border. they put people on buses to get them away from the overwhelmed border facilities and send them to other spots in the country. good morning. i am martha maccallum here in

"america's newsroom." >> and good morning. i am eric sean in for bill hemmer this morning. residents in marrieta, california are refuse to allow any more illegles to be shipped and dumped in their backyard. >> i am sick and tired of my tax dollars being wasted. >> we are a welfare state as it. we don't need more. >> william is live. what is going on here? this is quite a situation. >> this shows how divided america is over immigration. on one side a hundred people chanting go home and urging the administration to deport them and not release them into california. counter protesters calling themselves the real americas and labeling the others as inhumane.

the buses turned back to san diego and they will be reunited with aunts and uncles around the country. 87% will stay in the united states. >> as long as they keep coming to texas, they will keep sending them to us. unless congressional or someone stops in to stop it. -- steps -- >> the feds have about 96 family beds for 43,000 immigrants coming from central america. in 2011, the number of minors coming over 6,000 and now it is expected over a 100,000. >> what do the border officials say about all of this and

sending them back? >> number one, you cannot do that. the border agency is overwhelmed. 40% are not patrolling the border. they are changing diapers and doing paperwork. 60-120 ice agents are on planes escorting individuals. homeland security says their hands are tied. there is a law that requires the unaccompanied minors not be deported and we act in their best interest. the children say they are coming to see relatives. adults recite a skip using words like credible fear jumping into the border control vans. feelings of insecurity are declining and there is nothing in the senate reform bill to stop this problem. the last thing is the smugglers

are making $5-$8,000 per each individual. they have to bring them to the border and they are arrested but the mexican refugees have to come to new york or chicago. >> i don't know how to get out of this. press secretary josh ernest said it is time to immigration review. >> the goal isn't to delay but a quick review of the authority available to the president and upon completion of that review you can anticipate quick action will be taken. what kind of authorities are available? we will ask ed henry later on. >> and the president is putting

together a team this summer to advise him what he is a to do and you have hundreds of people coming across the border and back into other states in the meantime. it may need action before the summer >> sleeping on the floor. awful. news about a tropical storm. heard about arthur? it could soon get to hurricane strength overnight. arthur is the first named storm of the hurricane season. it will be part of a wet and windy forecast that will put a damper on the july forth bbqs. jenna, does this mean a need a tent over the grill? >> we will get rain across the northeast tonight into thursday with the moisture being pulled up along the front. the east coast is going to be

wet starting today through friday. but you can see this is the main event and you can see the dry air working into the storm trying to wrap around a center of circulation. we think it is going to do that. we have had a lot of dry air within the last 12-24 hours and that stops it from strengthening. but it is going to get into an environment are getting stronger is favorable. you can see the center with winds and outer bands scraping across coastal florida. at 5 a.m., we got a brand new track and advisory at 11 eastern and we will have it for you on fox first. if you take a look as we go through times, wouldn't be surprised to see a hurricane in the next 6-12 hours but this is the storm track from the national hurricane center has it becoming a category one thursday around the afternoon hours and

then coming close to cape haterous on friday. if the track goes more to the west, more real estate will be effect and one of the most reliable models, the euro model, is showing it hugging the coastline and then it will scoot offshore. but from florida to maine to nova scotia need to be watching >> sorry for everyone on the outerbanks what a weekend it will be. >> our own bill hemmer is in north carolina. and this storm is threatening that area at the height of the tourist season. the state is standing to loose big bucks as last year $20 billion was spent across north carolina and half of those people came during the month of

july. all right. here i am again. more problems for the irs over the missing lois lerner e-mails. a federal court is getting involved in this. this is getting interesting. the judge wants a good explanation on why the agency isn't letting outside experts come in and look for the e-mails. byron work is here. good morning to you. good to have you. >> good morning, martha. >> this is very interesting. true the vote, which is one of the conservative groups targeted, said they wanted tax exempt status and they have been hammering at this and now they are trying this. they are going to the court and saying why won't the folks at the irs let an it professional come in and find the e-mails. what does the irs say?

>> this is a new stage in the scandal. we have been hearing about the irs versus congressional committees versus chairman issa or dave camp. now it is a federal judge. true the vote, a conservative election monitoring group, says they were targeted in this and is taking legal action against the irs. thing about everything we know or we think we know about the irs scandal and how the hard drives were destroyed and this data disappeared. we only know that because top irs officials have told us. there haven't been any in independment verification of the facts. we need people to look at what

failure occurred and what efforts were made to recover the data. all we know is what the irs told us. >> that is a great point, byron. everything we know about the data is taking it at their word. i would throw that back to lois lerner and the irs saying you were so desperate to find the e-mails and if you want to be exonerated you should be the first ones wanting someone to come in. >> they will get tell the story in court. it is a different dynamic. remember the head of the irs went to congress and said i didn't tell you immediately about the hard drive problem because i wanted to gather information and you didn't need to know then. so the irs is going to buckle here and allowed an agreed upon,

experts, to come in and verify what took place. >> and if you don't allow someone to come in and say we are innocent in this and look at what happened to our hard drive is going to be hard for people to swallow, once again, from the irs. thank you, byron. you know how poplar the food vans are in cities? well a food run went wrong in philadelphia. look at that truck. just exploded in a huge fire ball. we will tell you what happened. could be your cellphone provider is scamming you. take a look at your bill. how the feds say t-mobile tricked people out of hundreds of millions. they have another story. but the government says they are bogus charges. and the latest health care problem with millions of

mistakes on simple data entry on the exchange. there are more and more and still not fixed. you think this is one of those quote bump in the road like bob beckle said? >> there is going to be breakdowns. so will obamacare. >> you are apologizing for this. we are the greatest nation in the world and we are supposed to go stuff happens. >> obamacare is working just fine.

>> back with the june jobs report and the gdp flopped, payroll processor, showed 201,000 private jobs created and the government report should show more employment growth than expected. so a big focus on the numbers on friday coming out will they match what we are seeing in this report and how many people are still looking for jobs? and new information about the latest problem with obamacare. this is the administration's scramble to clear up data discrepancy. the new inspector general's report on covering 2.9 million flaws in the federal exchange. they deal with inconsistent

information and they have been unable to straighten out 90% of the flops. congressman and doctor is here. i love the phrase data flaws. you have nearly 3 million of them. they could be simple mistakes but wrong information, in accurate data, could this be outright fraud? >> look, it could be a lot of things. but data discrepancy translates into the a patient who may not need care for coverage they thought they had. this is a problem that must be corrected. i will tell you from the committee's work it is probably higher than 3 million and closer to 4 million. >> these issues have to be resolved. they are people that think they may have coverage and don't. remember the employer mandate that was delayed and that came

down on 4th of july weekend and they said imcome verifying was going to be suspended as well. they didn't build the platform correctly and they have not built the back end of the platform to deal with these issues. as we get deeper and deeper in the first obamacare year and we will start signing up for the second year these things have to get resolved. the president came out right before easter weekend and said he signed up 8 million people. well, not quite because some were in error and some might be intentional fraud. >> two million were people that were uninsured and others had

insurance. >> correct and it will be interesting to say that discrepancy. here is the problem from this on day one prom the health and human service on this. they refuse to come in and be open and honest. right before obamacare went live, the head of consumer information insurance oversight came in under oath and said everything is going to be ready on october 1st. he lied to us, his boss, and the president. and i don't know a lot of people at hhs are gone and i don't know why there were not wholesale firings. clearly, there was imcompetence that month. >> people are being covered with pre-existing conditions but look at what investigators daily's

edit editoral. looking at 45 randomally sele applications they found citizen status wasn't verified or paid for and you can bet if this was a private company they would be facing criminal charges. instead it is being said this is a success. do you think charges are warranted or obamacare is a great success? >> if this were a private sector company there would be government agencies asking hard questions and articilating severe penalties that might be envoked. you are correct. people are now depending upon things they have been promised under the affordable care act.

fix the problems as they exist at the very least you owe the people that you promised this o to. we can argue about whether this is the right or wrong policy but they have a duty to fix this and stop with the political spin and talking points and let's get to the bottom of these things and fix them. >> and that would be the shame of it if someone thinks they are covered and need it in a life threatening situation and they are not covered. >> thank you, congressman. the only benghazi suspect in u.s. custody is back in court as we learn some of what he told the investigators during the long boat ride he was on from libya. surprising stuff here. and there is a new american hero. team usa goal keeper tim howard breaking world cup records.

we can call him the new secretary of defense. he did a great job but it didn't end up to be enough. >> so proud of them. they go with their heads high. they go with their heads high. today his doctor has him on a bayer aspirin regimen to help reduce the risk of another one. if you've had a heart attack be sure to talk to your doctor before you begin an aspirin regimen.

>> cruise in company take a look at that. it is wine country and they are battling a fast moving fire there. officials say so far it is only 30% contained. no injuries reported but five structures have been damaged and several residents have been forced from their homes. state firefighters and crews from three counties in 90 degree heat to try to get the massive fire under control.

no word this morning on if the wineries with threatened. the sole benghazi suspect sin u.s. custody and due back in court in two hours facing a detention hearing in washington, d.c. now he is here. he is all lawyered up and he is not talking much anymore. but we are getting a bit of information about what he did spill on the slow boat to the united states. catherine heritage is live. what are we learning here? >> we know he told interrogators a history lesson and we know he was talking to interrogators before and after being read his rights. but if you talk to lawmakers with oversight on the hill and

homeland security and intelligence they say it wasn't detailed and nothing the u.s. government could act on immediately. >> what do we expect we will learn this morning? he will be in the detention hearing a couple hours from now. >> well this detention hearing is really a procedure and it will not be a heavy lift for the the government to make the case he should not be allowed to be free and needs to be locked up pending the trial. there is more evidence about the case. they allege he was at the scene, organized the theft, and regrouped later that evening for the second wave of attack. we are getting a good window in the evidence the government has against him. >> interesting. given the fact he was out there and we are revealing what we have grown some time. thank you, catherine.

a big tropical storm this coming weekend is gaining strength off the coast of florida. it could derail the fourth of july plans for many. and president obama getting tough with republicans over the use of executive powers. >> middle class families can't wait for the republicans in congress to do stuff. to real teeth so sue me. so sue me. 10 times softer and may have surface pores where bacteria can multiply. polident kills 99.99% of odor causing bacteria and helps dissolve stains. that's why i recommend polident. [ male announcer ] cleaner, fresher, brighter every day.

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we have a fox news alert. tropical storm arthur is threatening the southeast coast for this july forth weekend. it is packing wind up to 60 miles per hour and forecasters expect it will be a hurricane by tomorrow and it is poised to threaten north carolina on friday the fourth of july. arthur is on the move and warnings are along the east coast. we will have more on what we can expect on the east coast. >> 11:00 we will get another update. president obama is defending his use of executive power and taunting republicans over going alone on immigration reforms. >> middle class families can't wait for republicans in congress to do stuff. so sue me.

as long as they are doing nothing i am not going to apologize for trying to do something. >> more on what he had yesterday in just a second. we have alan combs and mary catherine -- mary katharine ham here. let's play more of the sound from yesterday. >> it isn't crazy. it isn't socialism. [laughter] >> you know, it is not the imperil pregnancy. no laws are broken. we are just building roads and bridges like we have been doing were the last, i don't know, 50- 50-100 years. >> mary katharine, what do you

make of the tone? >> it is flippant. i don't think it is a good legal argument particularly in the wake of the 9-0 recess appointment case. i think when boehner talks about this the supreme court bolstered their position. this is the government trying amass power and they get knocked back because someone goes suit, goes through the system we have, and they say you cannot do that. that is what happened to president obama this week. some things are within bound, but many are not. and legal experts agree on this. the tone isn't helpful when he wants to go to congress and says here is all i want and give me more authority for what i think on the immigration issue. but if you make fun of them it doesn't help the underlying problem. >> and he is saying it middle

class can't wait so we want toz to get this highway bill through. the gop has passed in the house 40 different job bills to try to get job creation going and they haven't been taken up by the democratic senate. >> and the republican house hasn't taken up stuff the president wanted and there is gridlock. but i am confused because republicans say the president is giving up, he has malaise, he doesn't have the drive anymore. he is not interested and disengaged and now they are accusing him of doing too much because he is doing too many executive orders but he has done fewer than any other president. i am confused by it argument. >> i can explain it to you. i think he's given up on the

traditional way of building coalitions and working with the congress and you can blame that on whoever. he says explicitly i have a pen and phone. many times that is not enough when it goes through the process. it was said yesterday that when obama said they are not doing stuff i get do stuff, it is said that is not how the constitution works. it is a fact. >> the president has executive authority to do certain things. yes, at times he will be slapped down by the supreme court but he is not doing anything out of ordinary that other presidents haven't done in terms of using executive authority to push through ideas cannot get done any other wa

>> i think a lot of folks would say is right for congress to push back and they should bring a suit because they have to remain the powers and the president shouldn't be concerned about that because if he feels he is within his rights it will not be a problem. we saw it recently was in one case. the president said the highway bill will create 700,000 jobs. when you go in and look the gop wants to pay for it with spending cuts at the post office and the democrats and president want to pay for it with corporate tax increases. isn't there something the president can do to get these sides in a room and say let's give a little on each side. people are tired of the lack of ability to do that. >> maybe he will. let's have corporations pay the fair share. >> we have the second highest rates in the world.

>> let's make sure general electric and exxon pay taxes. >> i agree everybody has to pay the taxes they should. mary katharine chime in. >> when it comes to the supreme court said going about this on your own isn't actually meant -- your execute authority isn't meant to by-pass the friction of our system. it is meant to be there, it is part of the constitutional structure and when he is batted down and people point it out that is healthy for the government because he has overreached in many case and it is good for all-americans including liberals that used to care about that. >> let the court decide. if he is overreaching about recess appointments let the

court weigh in. and let's not treat this president by a different standard in terms of executive power. >> even liberal experts said have many of the things are unprecedented and that is why he is getting slapped down. >> let's see if he is slapped down now. >> he said sue me and we will go for it. >> and all of these 5-4 decisions. >> 9-0? >> overall it is 5-4 court. well, it was heart break for team usa. it was an exciting and close game. but in the end belgium knocked our men out in the tight due or die match. tim howard blocked almost everything that came his way.

it was a record 16 saves and that is the most in world cup history since 1966. but it was too much. belgium scoring the winning goal in extra time taking it match 2-1 after those 39 nail biting minutes of extra time. howard is winning the hearts of a lot of americans. the internet exploded with adoring means about him and even the belgium captain tweeted out two words: tim howard. respect. and someone changed the wikipedia of him as secretary of defense. >> we should do a thing when you say do you know the name of the secretary of defense and how many people know tim howard. i will bet more people know tim howard than chuck hagel. we saw patriosm explosion

yesterday and we wanted to ask you this question: what does america mean to you? tweet us at martha maccallum and eric sean. and check out proud to be an american >> hos hosted at noon at the fourth of july. and you will hear why we are proud to be americans and our ancestors and how we got here. >> i can't wait. it is going to rain so i might stay in and watch it. meanwhile, have you heard about what is happening in israel? this is hamas threatening to quote open the gates of hell on the jewish state. what can be done to try to

tamper down the killings and protest? and massive explosion on a major city street after a food truck goes up in flames with the family of cooks still inside. how this fire ball was set off and the latest on their condition. >> i was walking by and the truck blew up and i saw the fire and it hit me. and it hit me. staying active can actually ease arthritis symptoms. but if you have arthritis, staying active can be difficult. tion celebrex can help relieve arthritis pain but if you have arthritis, so your body can stay in motion. because just one 200mg celebrex a day can provide 24 hour relief for many with arthritis pain and inflammation. plus, in clinical studies, celebrex is proven to improve daily physical function so moving is easier. celebrex can be taken with or without food. and it's not a narcotic. you and your doctor should balance the benefits with the risks.

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a plane with landing gear problems landing at san antonio. he took several passes over the runway trying to drop the fuel and made a perfect belly landing. that must have been a long four hours. they got out quickly and no one was hurt. big sigh of relief. hamas is now threatening to quote open the gates of hell if israel bombs the gaza strip in

response of the killing of those three israeli boys. they clashed with protesters after the body of a palestinian 16-year-old was found dead and it is being blamed as revenge killing. the funerals were held yesterday for the three boys and one was a dual american citizen. they suspect two hamas activist to carry out the murders. dan gillmer is here to talk about this and he is the former israeli ambassador to the unit nations. this is horrible. the reaction, retrobution and abductions that started.

whey did they kill and kidnap the three teenagers now? >> that is hamas. they are a brutal, bloody, horrible terrible organization. and first of all, i want to say, eric, you have known me for a long time and i am a very sad person this morning because i am devastating by the horrible teth of those three as a israeli -- by the horrible death of those three israeli teenagers. this is horrible if this teen now is murdered by revenge. the last thing we want and should allow is for the animal regime of hamas to bring us down

to their level. the world has to understand why if this young palestinian was murdered this is a horrible act but it is an isolated incident. for hamas, terror is a way of live. they educate and raise their children to become terrorist. we raise our kids to become doctors. they raise their kids to become killers and take lives. the mother of one of the suspects said he is going to raise his children to become martyrs and hopes one they they will do the same. >> the three young boys were on the way to school. the 16-year-old was leaving his father's house ware store when he was kid napped and pounced on. do you think hamas will capitalize on the tragedy of the latest man versus the original

three that hamas says they have nothing to do with. >> we do know hamas was responsibility for the kidnapping and murder of the three teenagers. and the death of any palestinian child is a mistake and tragedy. for them the death of every israeli child is a cause of celebration. we have a tape where one of the boys called the police, said they were kidnapped and left his phone up, you can hear them shooting them and chanting after they killed him. that is hamas. when hamas says they are going to open the gates of hell? they have opened the gates of hell and closed it over many of palestinians held hostage in gaza while they are shooting at innocent israeli's.

but i think we the egyptians should break aaway from hamas and make sure they seize to act t the way they do. >> and the 16-year-old who has family in brooklyn, his family and ancestors were victims of the holocaust and now 70 years later it continues, ambassador. >> it continues. unfortunately it continues. and all of these years ago the prime minister of israel said there will not be peace until the arabs learn to love their children more than they hate us and it looks like that hatred is continuing and being manifested every day in the most cruel ways. i hope one thing that the palestinian president should do is break away from hamas and get

back to the table and make peace so that we learn to live side-by-side as human beings and not have those hamas animals to try to frustrate our lives. >> thank you, ambassador. >> thank you. a major cellphone company could be scamming customers out of hundreds of millions. why the justice department said t-mobile was hitting your bill with bogus charges >> and new information on the nightmare nanny who was fired but will not leave the house. she said she is going to go but has a demand first. tub-mobile

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>> the feds are taking aims at t-mobile saying they are making hundreds of millions with bogus text messages that you pay for and don't want. cheryl, apparently this charge shows up on page 123 of someone's bill. who looks there? >> i know you go through your cellphone bill every month chat. this is called cramming. they are texts you are getting but they are advertisements but on the bill it isn't itemized. you see it as a usage fee. >> i would think that was something i had to pay. i would not think it was a text message where they get a little

and the phone company gets a little. >> verizon was sued back in 2012 for cramming and now t-mobile is being accused of it. john ledger has been on the business network and i was a bit surprised the company allowed this to happen. he said the charges are baseless and he is vow to fight the ftc. the big concern is for the company is the fcc. they are saying they are going to investigate it. if they go after t-mobile, big fines could ensue and those great cheap bills that consumers are getting if you are customer that is making the wireless industry more competitive may go away. there is a second issue with big cases like this against companies like t-mobile. it doesn't feel good to find out you were overcharged.

>> so the bill could go up? >> if the fcc starts lobbying finance against t-mobile. 1-20 people that are victims of cramming even know it happens to them. we have to be better looking at the bills and consumers have to be more proactive. >> so many bills and it is very hard to stay on top of that. as you say the company is not doing it. they are going to fight. >> so many bills. that legal writing. could arthur mean a rain out for july fourth? we are tracking the path along the eastern sea board and when the storm could reach hurricane strength. >> and the immigration crisis reaching a boiling point as people try to stop illegals on buses from coming into their town. this is turning into a huge summer story.

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>> a holiday bummer heading up the east coast. fourth of july hurricane threatening the plans of millions of americans. brand new hour of "america's newsroom" on this wednesday. eric: say it ain't so. cap a goal storm strength overnight. moving north on the eastern seaboard and forecasters predict arthur will reach hurricane strength sometime tomorrow. martha: chief meteorologist joe, good morning to you. we wish arthur was not messing with our weekend plans, but apparently it is. what are your outlooks on this one? >> from virginia beach north

this is a nonevent outside of rough surf. maybe a nor'easter in cape cod. you folks further north, by the time we get into the middle of the weekend it will be like a fall weekend, a cool air mass coming in. arthur is not a direct concern up the coast. where it is a huge concern is north carolina outer banks, one of the great resort areas in the country and as somebody who grew up on the jersey shore, i know how important the holiday weekends are to these people be at what may happen here is this storm will intensify. even before everybody was looking at it. this will be a hurricane and probably a storm hurricane approaching the north carolina coast. if it moves 30 miles northwest,

that is a very destructive path in the north carolina outer banks, people know that. if it stays in the current path which we believed all along just offshore is disruptive but not destructive. further up the coast it rains, it goes away, but you have to watch out for rough surf. martha: we are looking at that area in north carolina. what do you advise people there, and how long will it take before we know whether or not it will be disruptive or destructive? >> if you watch hurricanes, folks, they move in these loops. they look like they are going one way, they come back 45 miles north, this will be a nail biter to last minute unless we get positive identification shifting to the west. what is the big deal, it is a tropical storm.

this is exactly opposite, this is a forecasters nightmare because it is going to deepen and perhaps explosively going 70, 80, 90, near 100 miles per hour for 12, 18 hours approaching the coast. there is nothing magical about it. the east coast, i wrote an article on this a while ago is in a period of peril since the 1950s we had hurricanes because of this cycle we were in, the same kind of cycle so we are expecting this to be intensifying very quickly. a 30-mile area in a storm is nothing play scientist, but to those folks it may mean everything. martha: it is so true. we will get an update at 11:00. thank you so much for being here. >> thank you for having me. martha: you bet. eric: there are terrifying moments on the coast.

five teenage girls got stranded off the coast in florida. they were surrounded by some rough water. a bystander heard their screams and called 911. they responded in a rescue boat, thihis only option was to dive o the churning surf to get them safely to the boat. >> at any given time the waves could smash them against the rocks. they were crying and thanking us, they were scared. my feet, my chest and back were pretty scraped up. doing the same thing over and over. eric: hats off to that brave officer. she has nonlife threatening injuries. martha: shaken up, no doubt. eric: now there's more on the growing controversy over those illegal immigrants flooding the

southern border. more are on the way, and now there is angry protest and reactions the floodgates. the government cannot even get a handle on it. and immigrant children and family forced back toward the border. those protesters are outraged, so they blocked the buses heading to a california facility. coming after the manner of marietta california urged them to fight the transfer of illegal immigrants to their state. ed henry on the north lawn with what the white house and the white house are doing. this only seems to be growing as the anger and emotion. how is the city going to deal with what we're seeing in california? >> top officials thomas is a humanitarian crisis that continues to grow and that is why the president came out a couple days ago and made clear questions from congress

$2 billion to deal with it. the problem though according to the republican senator is where some of this has been going on in addition to california, arizona, says the president also talking to those a couple days ago about potential executive action that would suspend some immigration enforcement potentially and said it is the president's policy that has led to this problem because folks simply don't think there will be any consequence for them if they are apprehended. that is why they show up at the border and said if there is more action from the president, this can lead to a surge in illegal immigration. eric: if it only increases, if the numbers keep growing and they suspend some of the immigration forces, what does that means the midterm elections? >> the president may have to

move on his own for more executive orders. ordering what he can do around congress and that is due at the end of the summer. he gets a review at the end of the summer, and he would act in the fall on the eve of the midterm election. that is something to help democrats turnout hispanic voters, he insisted politics is not a factor. eric: thank you so much. take care. martha: we are waiting for a new report on that controversial nsa spying program. a federal privacy board looking to see if the program strike the right balance between privacy and security. a lot of people hanging on this one, what did they find? >> it is designed to target non-americans outside the country to acquire foreign intelligence information.

here are key findings of a bipartisan board reviewing this program. the board determined it is clearly authorized by the statute allowing collection currently implemented. the core of the program acquiring outside the u.s. fits the fourth amendment. there is a risk of unknown and potentially large scope of incidental collection of u.s. persons communications. the board lists the proposed details 10 recommendations to improve this program, martha. martha: that reminds me of when we heard the unwittingly comment, he said not wittingly and that would seem to back that up. who are some of the players we will be watching with this on the hill, mike? >> it is fascinating when liberals and conservatives worried about civil liberties joining forces be at you have kentucky senator rand paul very

vocal talking about the nsa and protecting fourth amendment rights. this parser this effort is oregon democratic senator ron white. >> vigorous oversight on the intelligence field needs to get more attention. something we have both talk about, liberty and security is not mutually exclusive. >> congress says the reaction to this report may not be as vocal, but we will be listening to see what they have to say about this panel assessment and the detailed recommendation. eric: a fedex plane was forced to make a landing about 5:00 a.m.

you can see the dc-10 plane. there was report of smoke in the cockpit. the plan reportedly left memphis which is the fedex hub headed toward new hampshire, in the air for about an hour before it had to make that detour. they are now working to determine exactly why the plane had made a detour. martha: we are getting closer to independence day, of course. an interesting way to pursue the land of the free, why many believe they are losing some of their personal freedom that was so hard fought for. eric: and could it hurt the white house? some say the indictment contradicts the administration's own narrative of what happened that night. martha: an explosion rocked the city street. the cost behind that sudden blast. >> i heard a boom first, and a

fire came out of nowhere. >> a fire pole across the street were in flames, people burned on their front porches.

eric: a dramatic food truck explosion in philadelphia. you can see the huge ball of fire. it is amazing anybody survived. the fire erupted and spread across the street as you can see from this surveillance video. it came from the witnesses in the area. a propane tank on the food truck

exploded. more than a dozen people injured in the blast. it shocks people in the neighborhood. >> i heard an explosion, i saw the smoke. >> we were in the back playing ball and we heard a big explosion and the whole basketball court move. >> it sounded like the ground was shaking. it sounded like a big boom. eric: the mother and daughter working in the food truck were burned across a large portion of their bodies but they are expected to survive. martha: new questions into whether the obama administration's indictment of the benghazi terror suspect contradicts their own narrative of what happened that night. according to the doj's case, "he did knowingly and intentionally conspire with and agree with other conspirators known and unknown to provide material support and resources to terrorists that personnel including himself and others."

there is a lot of room in a statement. a staff writer at the weekly standard, and fox news contributor. good morning to both of you. what do you make of that statement, what do we learn from it? >> we learn with the justice department is bringing it is different from the story the putting out just days after this attack. remember exactly what susan rice said, this was a spontaneous protest gone wrong over a video some americans made that insulted muslims. that was the administration's line on this even though they had intelligence that said otherwise, they are bringing this case against one of the guys behind this attack, saying it was a terrorist conspiracy. how can it be a terrorist conspiracy and a planned attack by these al qaeda affiliates and a spontaneous protest. it goes to show how weak and how wrong the administration's public statements were.

martha: h you also claim in some of the notes you sent to me earlier they kind of carve out a one-day commitment. you are committed to carry out this terrorist act for this day. does that give them some wiggle room here? >> i think it does. i spoke to a federal prosecutor, this is right in his wheelhouse, and he took a look at this indictment. i watched it as well. it is a page and a half long. that is striking incredibly short for this kind of thing. his indictments were over 100 pages long, at least a dozen pages long, it lacked any reference as a state department designated leader.

ending on september 12 of 2012, in which the conspiracy was to lend his efforts to unnamed terrorists. there is an argument to be made this short indictment was calibrated very carefully to allow the administration to claim it does not contradict their story. martha: even in that sense it couldn't completely exclude the thought he was inspired, they were inspired somehow by this video and hillary clinton has said it was kind of a combination of both and that would certainly work with that narrative. let me go back to you, michael. one of the things that strikes me is how much emphasis to put on this guy. he was left out there heading with journalists, right? now the administration suggests he was a ringleader. they appear to be at odds in and of themselves. if he is not the big fish, they

need to go back out there and find the big fish, do they not? >> there are a lot of political problems for this because they cannot seem to get their story straight. it is important to remember why this distinction is so important. it does make a difference, you look at why the administration was pushing the protests story even though they had said otherwise. they were in the middle of the campaign to say foreign-policy is going great under the obama administration. we are getting out of afghanistan, al qaeda is decimated and osama is dead. i think you really have to look at this through a political lens and from the obama administration's eyes as everything being political, they can criticize republicans and mitt romney for politicizing what happened in and ghazi. but all the way through to this

indictment they politicized it all the way through. martha: thank you so much. >> thank you. eric: have you heard about this story? a family trying to evict their live-in nanny from their own home. the woman says she has every right to be there and a judge agreed. coming up, we will break down the next move in this so-called "nightmare nanny" case. martha: team usa ending their stint in the world cup. it looks like they could come back but the loss hasn't tried a new hero in this country. and his name is tim howard. what an amazing job he did yesterday. more on that coming up after the break. >> the future is bright. this team is young and exciting. we have so much talent, and the guys are not even close to being in their prime. the next four years will be something to behold are.

eric: there has been another terrorist bombing blamed on islamic terrorists. a car bomb exploded in a market place. elderly women who sold peanuts and lemon juice at the market. they kept 200 of those schoolgirls converting them to islam. those girls remain missing. nigeria's military has announced they arrested a businessman suspected of playing a major role in the schoolgirls abduction. martha: on a lighter note it was a game that had many of us including me glued to the tv yesterday. the u.s. ended the world cup dream in a loss to belgium, but

a new soccer star was born a hero for the usa yesterday. tim howard made a record 16 saves for the game. he used his chest, his back, pretty much every part to power his way through that incredible game. he was asked how it all felt this morning on fox and friends. >> it is what i get paid to do, jump around and yell and throw myself in front of balls. yesterday i was able to do that more often than not. unfortunately i could not have gotten one more save, 17 would have been thrilling, actually. martha: from my home state of new jersey. we're joined now by sportscaster and fox news contributor. how about this tim howard, and what about this team. heartbreaker for them yesterday. >> it was heartbreaking but it has been so much fun to watch. soccer now is on the map. they have been on a long unpaved

road for a long time and it seemed a lot of kids in this country would grow up playing soccer and they would end up watching the national football league and go on to other sports. alice has captured the nation, a long time coming. people were really into this. i don't recall anything like this for any other sport, so now it will be interesting to see can they catapult and keep this attention. what can i do with the mls so does not become like swimming or gymnastics that participate in the olympics, and build on this so it becomes an everyday thing. this was so much fun, so exciting that i think it will not turn back now, america has joined the rest of the world. there is a soccer craze, and america is a part of it now. martha: people can make their own changes on wikipedia. they basically changed the secretary of defense for wikipedia entry to picture of

tim howard. >> he was brilliant. at least for the time being one of those people who everybody wants a part of, everybody wants to have him on their show. i am sure he will come back and visit letterman and jimmy fallon and so forth. he was so great on a world stage, really incredibly cap the united states in this game for a long time. he saved everything, probably could have saved peoples marriages if you looked at twitter yesterday. he was brilliant. he is 36 years old, so in all likelihood this is the end of the line for him on this stage and it was a great way to end with the exception of winning. martha: to another story now, as people see what happened to serena williams yesterday. let's play this video from wimbledon.

she could not hit the ball, she threw the ball in the air to serve it, incredibly powerful serve. she says she has a virus, walked off the court with her sister. what is going on here? >> this is very difficult to understand. she had no equilibrium. she seemed disoriented. i have never had a virus like this, don't think i have ever seen anything like this in sports. i don't remember anybody being in competition having this kind of stuff happen. you have to feel for her, clearly the doctors were looking at her, with her sister, she seemed distraught over it as well. she couldn't get it together. apologizing saying she would be back, saying she was sorry to her sister and her fans and so forth. i don't know what she is suffering from.

this was so odd, beyond belief. this is a five-time wimbledon champion who has win som so many major championships. she has been excellent in her pursuit and her commitment to it. very difficult to understand what was going on yesterday. only hope she gets better, whatever this condition is that she gets over it in a hurry. martha: she tweeted something on saturday saying basically, i am paraphrasing, she said i think it doubles and i don't want to play a double tournament back on saturday. this happened tuesday, four days later. he just have to wonder what happened in those four days. she convince herself she could go out there and play. if you look back in her history, she had a pulmonary embolism and she prided herself in getting back to the very top of the game

after that, right? >> she did, her life was threatened at that point, let alone knowing if she would ever come back to competitive tennis and gone on to win major championships since. she has been the doubles champion with her sister venus five times, she probably is very disappointed, quite disappointed she didn't play well in a singles and she didn't make it into the second week so maybe that was a factor as well but i don't want to go down this path and say there was anything other than some illness. there's nothing to jump out and say anything like this would have been intentional. or that she was on something. i don't want to go there being speculated, a lot of people are putting that out, and that is very unfair. let's take her at her word and hope she gets better. martha: well said, thank you very much, good to see you.

eric: life, liberty and the pursuit of happiness. the hallmarks of our personal freedom. the very foundation of our nation. you may not like with a new poll says about how free americans are feeling these days. a political panel will analyze and weigh in. martha: a mission to mars and you are along for the ride. all you need is a great idea and maybe a company logo. start thinking about that during the break. we will go to mars when we come back.

martha: iraq's military in a fierce battle to regain control. unbelievable situation on the ground, soldiers moving from building to building, block by block trying to win back the northern city from the sunni militants took it, former town of saddam hussein. warning the declaration of an islamic state poses a threat to the entire region and right there. eric: here is something to think about as we celebrate the birth of our nation. americans believe we are losing personal freedom. 79% of americans are satisfied

with personal freedoms. 21% saying not so much. 79% looks pretty good, but consider back in 2006 when 91% said they were satisfied, you can see that is a substantial drop. what does that mean? the former consultant to the obama campaign and syndicated radio host for radio networks. let me start with you. do you think the tea party has a point about government chipping away at our constitution? >> of course they do. independence day is a bittersweet anniversary for a lot of us. we prize the freedoms and america, but we see the government chipping away at them, and american starting to wake up to the fact they are being chipped away at. the government orders us to buy health insurance whether we like it or not to the specifications

of the government, what kind of lightbulb to buy. they decide virtually everything. americans do not need a nanny state government to tell them how to run their affairs. july 4 for you bittersweet? >> no, i was celebrating as i brought my daughter to her fourth of july parade today. the u.s. is among the least corrupt, among the top 20 least corrupt in the world. if you look at where we sit, we are an amazing country. there is a reason we have immigration challenge, because so many people want to come to the country because we have so much opportunity. this poll is about perception. the inability of government and what they attribute it to is the stalemate in congress, some inefficiencies, that is no question something we do have to follow.

>> it is reality. there are lot of corrupt countries with plenty of opportunities, opportunity exists in corrupt countries and non-corrupt countries. i'm glad to see our country is less corrupt than the rest of the world but that is not much of a comparison. consider the corruption inherent by violating the constitution signing executive orders on amnesty for illegals. what just happened in mississippi with the apparent theft of an election is another form of corruption and of course we have the government handing out freebies like solyndra nicking winners and losers. three major forms of corruption affecting daily lives of americans all over. eric: there is something else, talk about corruption, says was the worst president since world war ii, an look at that, president obama leading the pack

followed by gw bush. jimmy carter at 8%. 54% cited president bush us the worst, 63% of the republicans said president obama is the worst, so in a way you look at the numbers, it shows how divided politically our country is. >> it is about freedoms. we do influence people's perception of how they think about freedom and all the policy debates we have seen over the past years have been about freedom as we tout every issue from guns to form policy. i think it is about perception and my perception is we are very lucky and fortunate country, lucky to be raising our kids here, and fourth of july is a celebration. eric: god bless this country.

>> absolutely. i just want to make sure we hang onto our freedoms and the government remembers it is a government's job is to preserve our freedoms, not to steal them. eric: happy fourth of july. martha: a law passed over a decade ago requires the va department to only purchase legs made in the united states. one company making more than 83,000 flags per year. live in northern california with that story. hello. >> good morning. it is always a star-spangled the day, the nonprofit factory outside san francisco where workers are stitching together 350 american flags every day for the department of veteran affair. the va can only buy american-made american flags but other government agencies buy their flags overseas, and that is prompting a battle for

change. to the cotton barely stars & stripes, these flags are 100% all-american. a fact appreciated by the families of veterans who passed away. >> we're trying to make the best product possible, they deserve the best. reporter: not every flag is created equally. banners covering the caskets of service members killed in action paid for by taxpayers might have been manufactured in pakistan or china. that was a slap in the face to mike thompson who recently toured the factory in the district. >> i think it is offensive u.s. flags be made, manufactured anyplace else other than the united states of america. >> as a result, the pentagon is now required to buy american-made flags and other agencies may follow suit. >> i am putting the header on.

reporter: it could mean more jobs for people like sue wilson with developmental disabilities and a sewing machine ways. >> i love it here. i feel like a million bucks. reporter: detail evident in every single american flag made here. by the way, you can buy one for $68. martha: sounds like a good deal. thank you very much. he did not want to miss a brand-new special on fox news, we send our cruise across the country from small-town parade toto big-city events asking what makes america so great. you can watch proud to be an american at noon eastern on the fourth of july. as hurricane arthur is around your neighborhood.

eric: have you heard about the so-called nightmare nanny? she says she is moving out but she will leave on her own terms. we will have the latest bizarre twist. why can't they just get her out? martha: thousand dollars of lobster destroyed. how the truck driver carrying the crustacean created quite a mess. that is so bad. avo: waves don't care what age you are.

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martha: dramatic surveillance video of a truck smashing play bridge outside of boston. it was carrying 7000 pounds of lobster. he should have known he couldn't get under that bridge. moments later it burst into flames. thankfully nobody was hurt.

the fire was quickly put out. the lobsters worth $100,000 was lost and the truck driver facing charges. eric: have you heard about this, the case of a so-called nightmare nanny could be coming to an end. she is willing to move out but she has conditions. the california couple says the live-in nanny has refused to leave the home after being fired more than three weeks ago. it turns out police cannot force her to quit without an eviction notice. former prosecutors and fox news legal analyst. you have to be kidding me. she is an employee in the home, she gets fired and a judge rules you need an eviction notice? it is not a home, she doesn't live there, she doesn't own the house. >> you are making 100% excellent

points. from a legal point of view the letter of the law she established her domain and the judge says if this is her house, your landlord, she is a tenant, you have to start an eviction notice. eric: did she pay taxes there, did you register there? >> i found in the california website court website explaining the law that they put out there so eloquently, there's a copy of it if you're working in fired by the landlord you just start getting them out because you know longer have a right to be in that property. there is a california list of litigants. this list is made up of people just doing whatever they want to do trying to harass people.

>> she does have her side of the story. she says the mom who hired her was a nightmare, a drama queen. i have done the dishes every single night, i prepared meals every single day. you said to defend a nanny, that is what i am doing. and you are giving me a hard time. she is saying she did it. eric: if it is so terrible, why do you stay? >> the only reason is that she wanted to get money. she wanted to harass these people. >> she said they served her dog food. >> dog food can be good. eric: what is this? you hear about this.

>> suing with no merit. >> i feel bad for the family. eric: what does it mean for people to live in the house? >> she is going to get out. already trying to get out. number two, it is a lesson. you have to do due diligence who you let in the house. this woman sues everybody for anything. it gets the blood going. eric: what a wacky story. >> it is a movie. eric: i order you to be happy, july 4. happy fourth. martha: companies pay tons of money for super bowl commercials, but imagine if you

had an ad on the planet mars. who knows, is anybody out there to see it? when we come back. female announcer: through sunday at sleep train's 4th of july sale,

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what they want to do first of all? >> mars one wants to get off the planet, private enterprise, cargo ships and taking people on a one-way mission to mars. areha: can they do it? doing, trying to sell the advertising, that is 2018 laun launch, a new replica of a mission nasa already sent. the big question there is actually getting the money. martha: they ask the he wants to land on it, but don't know yet, right? >> you slap a $25 million had and a bunch of pictures so people can see it.

>> they can't get there. >> there are note tv thanks in mars yet the launch will be publicized. there will be pictures, cameras set up. two of the experiments onboard are selling space, you can buy space on the spacecraft. basically how do you get the money you need to do a commercial venture in mars. that is step one. step two is where they want to send people to mars, trade it as a reality tv show. if i go to mars. they have 705 people who have signed up. martha: do they really? >> a one-way trip to mars,

trying to sell tv rights. martha: thank you very much, have a great fourth of july. thanks, corey. eric: back on this planet, what is happening in iraq, this as those islamic militants have declared islamic state over the territory they have seized. this as the government is crippled our political crisis. some people been tie rack say what we should do next.

>> earlier we asked what america mean to you? jerry tweets, by far, i have traveled the world extensively, america is the best. tammy says it is the continent i just happen to be born on. if you mean a u.s. citizen,

disillusioned. she is not happy this 4th of july. carrie writes, america means freedom, many colors, many views. all free to debate, travel, wish, to love. you can see mine on foxnews.com. i wrote it there. >> i vote with carrie. >> have a wonderful fourth. "happening now" starts right now. jon: we begin with some developing stories we're watching at this hour. a key suspect in the benghazi terror attack back in court this morning. our catherine herridge is inside that courtroom. she will join us with live report. also a big storm on the move. arthur heading up the east coast and gaining strength right before the holiday weekend. so could it be a washout for parts of the east coast? we'll have a live report. flirting with a whole new high. the dow inching toward that 17,000 mark, up 12 points right now. we are keeping a very close eye on wall street